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In re Hines

Court of Appeals of Texas, Ninth District, Beaumont
Mar 31, 2005
No. 09-05-055 CV (Tex. App. Mar. 31, 2005)

Opinion

No. 09-05-055 CV

Opinion Delivered March 31, 2005.

Original Proceeding.

Writ Denied.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


On February 9, 2005, Herbert Hines filed a petition for writ of mandamus. An inmate in the Correctional Institutions Division of the Texas Department of Criminal Justice, Hines complains of the trial court's failure to consider his second affidavit of inability to pay costs, to issue warrants or enter default judgments against all of the named defendants, and to issue injunctive relief against the defendants. On February 24, 2005, we notified the relator that the petition did not comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts, granted him thirty days to amend his petition, and directed Hines to mail a copy of the petition to the respondent and the real party in interest. See Tex.R.App.P. 9.5, 52. On March 14, 2005, Hines filed a written objection to our instructions. The relator neither amended his petition nor complied with the service requirement.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). The relator has not demonstrated that the trial court abused its discretion, nor has he shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.


Summaries of

In re Hines

Court of Appeals of Texas, Ninth District, Beaumont
Mar 31, 2005
No. 09-05-055 CV (Tex. App. Mar. 31, 2005)
Case details for

In re Hines

Case Details

Full title:IN RE HERBERT HINES

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 31, 2005

Citations

No. 09-05-055 CV (Tex. App. Mar. 31, 2005)